TNAG-0675-FCO40-824-Legislation-on-interpretation-and-general-clauses-of-laws-of-1978 — Page 13

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on 15th November 1977

XCR(77)294 JO Cony No

MEMORANDUM FOR EXECUTIVE COUNCIL

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LAW REVISION (MISCELLANEOUS AMENDMENTS) BILL-19 NOV 1977

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Annexed for the consideration of Honourable Members is the Law Revision (Miscellaneous Amendments) B1927. repeals four Ordinances which have become obsolete, spent or Have had their effect, and amends three others.

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Vagrancy Ordinance (Chapter 229)

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This Ordinance was enacted in 1897 to amend the law relating to vagrants. In 1939 it was amended to include destitute and mendicants within its purview. After consultation with interested Government departments, the consensus is that, except for sections 27 and 28, departmental requirements are adequately covered by the Immigration Ordinance (Chapter 115) and that the remaining provisions of the above legislation, which are no longer relevant in the circum- stances now prevailing in Hong Kong, could be repealed. In order to give effect to the above, it is intended that sections 27 and 28 will be re-enacted as sections 26A and 26B of the Summary Offences Ordinance (Chapter 228) simultaneously with the repeal of the above Ordinance. This is achieved by clause 3 ( and see Second Schedule, item 2) and clause 2 (and see First Schedule, item 1).

Crown Lands Re sumption (Chai Wan) Ordinance (Chapter 313)

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The reasons for the enactment of the Ordinance in 1959 were to provide for the reversion to the Crown of certain land situate at Chai Wan, for the payment of compensation in respect of rights or interests extinguished thereby and of loss or damage suffered in consequence thereof and for matters connected therewith. All out- standing claims have been finalised and retention of the Ordinance is no longer required. It is considered that it can now be repealed (First Schedule, item 2).

Defence (Finance) Regulations (Validation of Contracts) Ordinance (Chapter 345)

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This Ordinance was enacted in 1967 to ensure that commercial transactions, whether made before or after its commence- ment, were not disturbed solely because they were made or performed without permission in accordance with the Defence (Finance) Regulations, which were revoked by LN 168 of 1973. The Ordinance has had its effect and should be repealed. The Law Society of Hong Kong has been

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